Man cleared in college shooting wants apology from sheriff

Erin Mulvane, Houston Chronicle

By Erin Mulvaney

Updated 11:01 pm, Tuesday, January 29, 2013

Carlton Berry attends a news conference with activist Quanell X and other supporters outside the New Black Panther Party headquarters on Tuesday. Berry was cleared of charges in the Lone Star College shooting.

The 22-year-old originally arrested and charged in last week's shooting at a Lone Star College campus is asking for an apology from Harris County Sheriff Adrian Garcia.

Carlton Berry, who was shot in the incident, was cleared of two counts of aggravated assault charges and freed from jail Monday. The sheriff's office said he spent between three and four days in the hospital.

"All I know is, I'm a good person. I don't run in gangs, I'm not a gang member," Berry said Tuesday at a news conference in front of the New Black Panthers headquarters. "I go to school to better my future, and that's what I intend to do from now on.

"I would like an apology from Sheriff Garcia."

'Things happened'

Berry at first told investigators that he knew nothing about the shooting, officials said, but after charges were filed he admitted he was at the scene and knew the gunman. Initially, two of the shooting victims pointed out Berry as the shooter, Garcia has said.

Trey Foster, who knows Berry, was later charged. On Tuesday, Berry did not answer questions about what investigators initially asked him.

Ten shots were fired just after noon on Jan. 22 at the community college's North Harris campus. Berry, another student and a maintenance man at the college were wounded. The shooting stemmed from an argument between Foster and another student, Harris County investigators have said.

At the news conference, Berry said he has known Foster since high school and met up with him on campus that day. He said they were walking down the hallway, having a friendly conversation, when Foster and another man began arguing.

"The conflict became more than what we expected it to be and a lot of unexpected things happened," Berry said. "When the shooting happened, I don't even recall running. I blacked out and when I came to I could not move."

Garcia on Monday said Berry first told authorities he knew nothing about the shooting. After he was charged with two felonies, Garcia said, Berry pointed the finger at Foster.

"I'm not going to apologize," Garcia said then. "I owe him no apologies. This is an investigation that is still in progress. Until this case is ultimately adjudicated it remains an open investigation."

Garcia's answer: No

Christina Garza, a sheriff's office spokeswoman, said Tuesday that Garcia's position has not changed since his remarks the day before.

Activist Quanell X said Garcia should apologize. He said Berry was simply walking to class when the shooter opened fire, and now has an arrest on his record. He demanded that the Harris County District Attorney's Office help to expunge the arrest from Berry's criminal background record, which also includes misdemeanor charges of theft and marijuana possession.

"Legally you don't have to apologize, but morally you have to apologize," the community activist said. "This young boy was an innocent bystander."